Mattingly v. NORTH CAROLINA RAILROAD COMPANY

WinboRNe, C. J.:

Defendants stress for error the overruling of their motion for judgment as of nonsuit at the close of the plaintiff’s evidence. In such case the evidence is to be viewed in the light most favorable to the plaintiff, giving to him the benefit of every reasonable inference to be drawn therefrom, and assuming to be true all the facts in evidence tending to support his cause of action. Ervin v. Mills Co., 233 N.C. 415; 64 S.E. 2d 431; Clontz v. Krimminger, ante 252.

In order to establish a case of actionable negligence in a suit like the present, the plaintiff must show: First,…